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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-121Temp. Reso. No. 11913 August 30, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010- %a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY TO PROVIDE FOR THE IMPLEMENTATION OF THE ANNEXATION OF THE PROSPECT BEND AREA INTO THE CITY OF TAMARAC; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO DO ALL THINGS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR RECORDATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Representative Ari Porth and Representative Gwyn Clark -Reed introduced Local Bill 1129 to annex the Prospect Bend area into the City of Tamarac to be heard by the Florida Legislature in the spring of 2010; and WHEREAS, the Governor approved and signed Local Bill 1129 to annex the Prospect Bend area into the City of Tamarac on May 28, 2010; and WHEREAS, the annexation will become effective on September 15, 2010, and in order to implement the annexation, it is necessary for the City to enter into an Interlocal Agreement with Broward County ("Interlocal Agreement") in order to address the continued provision of various services to the residents and business owners of the Prospect Bend area; and WHEREAS, the City Commission has determined that it is in the City's best interest to enter into the Interlocal Agreement with Broward County for the implementation of the annexation of the Prospect Bend area, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference; and Temp. Reso. No. 11913 August 30, 2010 Page 2 WHEREAS, the City Commission finds that it is in the best interest of the health, safety and welfare of the citizens and residents of the City of Tamarac, to enter into the Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the City Commission of the City of Tamarac, Florida hereby approves the Interlocal Agreement between Broward County and the City of Tamarac to implement annexation of the Prospect Bend area, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference, and authorizes the Mayor and Vice - Mayor to sign the Interlocal Agreement, and for City Manager and staff to take any and all action necessary to effectuate the intent of this resolution. SECTION 3: The City Clerk is hereby authorized and directed to record said agreement in the Public Records of Broward County, Florida. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. No. 11913 August 30, 2010 Page 3 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: I HEREBY CERTIFY that I have approved this RESOLUTION as to form. AMUE S. REN CITY ATTO NEY "N day of 4) , 2010. BETH • MAYOR Record of COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM BUSHNELL q4 DIST 2: COMM GOMEZ DIST 3: COMM GLASSER DIST 4: VM DRESSLER 14 INTERLOCAL AGREEMENT Between BROWARD COUNTY and the CITY OF TAMARAC IM IMPLEMENT ANNEXATION OF PROSPECT BEND This is an Interlocal Agreement, hereinafter referred to as "Agreement," made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," W The CITY OF TAMARAC, a municipal corporation of the State of Florida, hereinafter referred to as "CITY." WHEREAS, in order to establish the background, context, and frame of reference for this Agreement and to provide a general background regarding the objectives and intentions of COUNTY and CITY, the following statements, representations, and explanations are predicates for the undertakings and commitments included within the provisions which follow and shall be construed as essential elements of the mutual considerations upon which this Agreement is based; and WHEREAS, it is the purpose and intent of this Agreement for COUNTY and CITY to provide for a means by which each governmental entity may exercise cooperatively its respective powers and privileges in order to further a common goal; and WHEREAS, this Agreement is an interlocal agreement entered into pursuant to Section 163.01, Florida Statutes, the Florida Intergovernmental Cooperation Act of 1969. Prior to the effectiveness of any provisions of this Agreement and any amendments hereto, this Agreement including any amendments shall be filed as provided by Section 163.01(11)) and WHEREAS, the State of Florida enacted Chapter 2010-256, Laws of Florida, which provides for the annexation of certain portions of the unincorporated area of COUNTY, described in Exhibit "B" attached hereto and made a part hereof, into the municipal boundaries of the CITY, including the transition of any and all traditional municipal services unless otherwise provided herein, and as more particularly described in Exhibit "A," attached hereto and made a part hereof; and WHEREAS, pursuant to Chapter 2010-256, Laws of Florida, the annexation will become effective on September 15, 2010; and 1 WHEREAS, it is mutually beneficial to CITY and COUNTY to ensure a smooth transition of services from COUNTY to CITY. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement — means this document, Articles 1 through 8 inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board — The Broward County Board of County Commissioners. 1.3 City Contract Administrator --- The City of Tamarac City Manager, or his/her designee, is the City Contract Administrator. The primary responsibilities of the City Contract Administrator are to coordinate and communicate with COUNTY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the City Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 County Contract Administrator — The Broward County Administrator, or his/her designee, is the County Contract Administrator. The primary responsibilities of the County Contract Administrator are to coordinate and communicate with CITY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the County Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. ARTICLE 2 SCOPE OF SERVICES 2.1 CITY shall perform all work, tasks, functions and services identified to be performed by CITY in this Agreement and in Exhibit "A," and COUNTY shall perform all work, tasks, functions, and services identified to be performed by COUNTY in this Agreement and in Exhibit "A." The parties agree that the Scope of Services is a description of their obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, work, tasks, functions, and services which are such an inseparable part of the matter described that exclusion would render performance by the party obligated impractical, illogical or unconscionable. Upon the effective date of the annexation, CITY shall extend its general governmental services to the areas annexed at the same level as then exists 2 within CITY except as otherwise provided in this Agreement. 2.2 CITY acknowledges and agrees that the County Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. Likewise, COUNTY acknowledges and agrees that the City Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 EFFECTIVENESS; TERM AND TIME OF PERFORMANCE 3.1 This Agreement shall become effective only upon being executed by all of the parties and shall be further expressly subject to the annexation of the areas described in Exhibit "B." The term, and the obligations hereunder, shall begin on the date the annexation is effective, which date is September 15, 2010, and shall end after all duties, obligations, and responsibilities set forth in this Agreement are fulfilled or met, by undertaking or completion thereof as herein required; however, notwithstanding any other provision, the parties' obligations under this Agreement shall not extend beyond September 30, 2011. 3.2 Time shall be deemed to be of the essence in performing the duties, obligations, and responsibilities required by this Agreement. ARTICLE 4 CHANGE IN SCOPE OF SERVICES Any change to the Scope of Services must be accomplished by a written amendment, executed by CITY and COUNTY in accordance with Section 8.15 below. ARTICLE 5 GOVERNMENTAL IMMUNITY CITY is a state agency or subdivision as defined in Chapter 768.28, Florida Statues, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Likewise, COUNTY is a state agency or subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. k] ARTICLE 6 INSURANCE CITY shall provide written verification of liability protection to the County Contract Administrator prior to final execution of this Agreement, failing which CITY assumes the risk for any and all loss and liability resulting from this Agreement that is judicially imposed upon CITY. COUNTY shall provide written verification of liability protection to the City Contract Administrator prior to final execution of this Agreement, failing which COUNTY assumes the risk for any and all loss and liability resulting from this Agreement that is judicially imposed upon COUNTY. ARTICLE 7 TERMINATION This Agreement may be terminated for cause by action of COUNTY or by CITY if, after written notice from the aggrieved party identifying the breach, the party in breach has not corrected the breach within thirty (30) days or if the nature of the breach is such that it cannot be corrected within thirty (30) days, the party in breach has not commenced and diligently pursued action to promptly correct the breach. Termination of this Agreement shall not cause any interest in real or personal property that was transferred to CITY to revert to COUNTY and shall not cause any transfer of municipal services, or obligations transferred from COUNTY to CITY to revert to COUNTY. Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement. ARTICLE 8 MISCELLANEOUS 8.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents created in connection with this Agreement are and shall remain the property of the party that created same and will be made available to the other party for inspection or use at no cost. 8.2 AUDIT AND RETENTION OF RECORDS CITY and COUNTY shall have the right to audit the books, records, and accounts that are related to this Agreement. CITY and COUNTY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. 4 CITY and COUNTY shall preserve and make available, at reasonable times for examination and audit, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. 8.3 NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT Neither CITY nor COUNTY shall unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CITY and COUNTY shall comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines and standards. CITY's and COUNTY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, pregnancy, gender identity (Broward County Code, Chapter 16 1/2), national origin, marital status, physical or mental disability, political affiliation, or any factor which cannot be lawfully used as a basis for service delivery. CITY and COUNTY shall not engage in or commit a discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16 1/2) in performing any services pursuant to this Agreement. 8.4 INDEPENDENT CONTRACTOR CITY and COUNTY are independent contractors under this Agreement. Services provided by CITY and COUNTY pursuant to this Agreement shall be subject to the supervision of CITY and COUNTY. In providing such services, neither CITY nor COUNTY or its agents shall act as officers, employees, or agents of CITY or COUNTY. This Agreement shall not constitute or make the parties a partnership or joint venture. 8.5 THIRD PARTY BENEFICIARIES Neither CITY nor COUNTY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. 5 8.6 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand delivery with a request for a written receipt of acknowledgement of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Bertha Henry, County Administrator Government Center, Suite 409 115 South Andrews Avenue Fort Lauderdale, Florida 33301 FOR CITY: Jeffrey L. Miller, City Manager City of Tamarac 7525 W.W. 88t" Avenue Tamarac, FL 33321-2401 CITY ATTORNEY: Samuel S. Goren Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 8.7 ASSIGNMENT Neither this Agreement nor any interest herein shall be assigned, transferred or encumbered by either party without the written consent of the contract administrator of the other party. 8.8 WAIVER OF BREACH Neither COUNTY's nor CITY's failure to enforce any provision of this Agreement shall be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. IN 8.9 COMPLIANCE WITH LAWS CITY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. Likewise, COUNTY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 8.10 SEVERANCE In the event this Agreement or a material provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining provisions shall continue to be effective. 8.11 JOINT PREPARATION AND INTERPRETATION The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 8.12 CONSTRUCTION OF AGREEMENT It is the intent of the parties that this Agreement shall be liberally construed and interpreted consistent with the "Whereas" clauses set forth herein so as to fully effectuate its purposes and intent. The parties agree that they will cooperate, act in good faith, and make best efforts to accomplish any and all of the terms, conditions, and provisions of this Agreement, and shall take all appropriate and necessary actions and execute such additional documents as are necessary to effectuate this Agreement. 8.13 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference, and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 8 of this Agreement shall prevail and be given effect. 7 8.14 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Jurisdiction and venue for litigation concerning this Agreement shall be exclusively in the state court of the Seventeenth Judicial Circuit in and for Broward County, Florida. 8.15 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and the governing body of CITY. 8.16 MERGER OF PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 8.17 REMEDIES In the event of breach or default of any term, condition, covenant, or obligation of this Agreement by either party, the other party may exercise any right available to it at law or equity, including without limitation an action for specific performance and all such remedies shall be cumulative. 8.18 INCORPORATIONS The parties confirm and acknowledge the truth and accuracy of the "Whereas" clauses contained in this Agreement and same are hereby incorporated into and made a part of this Agreement. The attached Exhibits "A" and "B" are incorporated into and made a part of this Agreement. 8.19 RECORDATION OF AGREEMENT The parties shall work together to ensure that all necessary filings and recordation are timely and properly made with all state and federal offices and agencies that require knowledge of the boundary changes. This Agreement may be recorded in the Official Records of Broward County, Florida. 8 8.20 MULTIPLE ORIGINALS This Agreement may be fully executed in four (4) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. 9 �4 INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF TAMARAC TO IMPLEMENT THE ANNEXATION OF PROSPECT BEND INTO THE CITY IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY through its Board of County Commissioners, signing by and through its Mayor or Vice -Mayor, authorized to execute same by Board action, and CITY OF TAMARAC, signing by and through its Mayor, duly authorized to execute same. ATTEST: n Broward County Administrator Ex-officio Clerk of the Broward County Board of County Commissioners Insurance Requirements Approved by Broward County Risk Management Division ti By. A6 Aw COUNTY BROWARD COUNTY, by and through it's Board of County Commissiopprs / Approved as to form by: Jeffrey J. Newton, County Attorney Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 LOU 10 INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF TAMARAC TO IMPLEMENT THE ANNEXATION OF PROSPECT BEND INTO THE CITY Approved b : I� ) Ci y Attor y STATE OF FLORIDA COUNTY OF BROWARD CITY CITY OF TAMARAC, FLORIDA (SEAL) ACKNOWLEDGEMENT FOR CITY he foregoing instrument was acknowledged before me this � day of , 2010 by Beth Talabisco as Mayor of the City of TAMARAC, a Florida ';tunicipaI corporation on behalf of the municipal corporation, who is personally known to me. My Commission Expires: nNA M. "EATLEY My CQMWssloN # M619 EXpHzEs: Aupa 06, 2014 1 )d1pTARY FI. NdaY a�Ot Anne• Co. -�� 471-� )))� k4A�� NOTARY PUBLIC, STATE OF FLORI A (Signature of Notary Taking Acknowledgment R. (Name of Acknowledger Typed, Printed P Stamped) Commission Number 11 ACKNOWLEDGEMENT FOR COUNTY STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this �a^^ day of 2010 by Ken Keechl as Mayor of Broward County, a political subdivision of the ttate of Florida, on behalf of Broward County, who is personally known to me. NOTARY'S SEAL: NOTARY PUBLICSTATF OF FWRIDA " Donna Person �,,, Commission #DD892599 _- Expires: MAY 25, 2013 $UNDER THRU ATI.MC BONDING C0., INC. NOTARY PUBLIC, STATE OF FLORIDA 12 EXHIBIT A OBLIGATIONS OF CITY AND COUNTY 1. Types of Services Transitioned to CITY - Except as otherwise provided in this Agreement, CITY shall be responsible for the following services in the annexed areas, as described in Exhibit "B," on October 1, 2010: • Building Code Enforcement • Zoning Code Enforcement • Planning, Zoning and Development Review • Neighborhood Parks and Recreation • Garbage Collection • School Guards • Maintenance of Roads and Rights -of -way and Associated Stormwater Structures • Street Lighting • Police (Currently provided by BSO) • Fire Rescue (Currently provided through BSO contract with another municipality) 2. Building Code Services -- All applications for building permits submitted prior to the effective date of this Agreement shall be reviewed, issued, inspected and finalized by COUNTY, including expired building permits, which are renewed. Upon the issuance of a certificate of occupancy by COUNTY, any further enforcement of the Broward County Code of Ordinances shall be performed by CITY. All applications for building permits submitted after the effective date of this Agreement shall be reviewed, issued, inspected, and finalized by CITY. COUNTY shall continue to monitor and enforce all outstanding building code violations including issuance of building permits and inspections required to rectify outstanding violations. Upon annexation, the CITY's Code of Ordinances shall apply within the annexed area. By October 1, 2010, the COUNTY will provide the CITY with a report of all pending building permits and building permit applications. 3. Zoning Code Services - On October 1st of the year in which the .annexation becomes effective, COUNTY shall provide all outstanding zoning violations to CITY. In addition, all active non -expired permits and certificates of use that are outstanding on October 1Sx of the year the annexation becomes effective will be finalized and inspected by the COUNTY. Following October Vt of the effective date of the annexation, building inspectors will no longer provide any inspections related to the zoning certificate of use program, which certificate of use program will be assumed by CITY. Zoning designations under the Broward County Zoning Code shall remain in effect until CITY adopts an ordinance changing the zoning designations. Upon annexation, CITY shall be responsible for enforcement of all other provisions of the CITY'S Code of Ordinances, site plan review, variances, certificates of use and zoning permits within the annexed area. 13 4. Engineering and Right -of -Way Management - In accordance with Chapter 2010-256, Laws of Florida, all public roads, and the public rights -of -way associated therewith, in the Broward County Road System, lying within the limits of the annexed lands as described in Exhibit "B" are transferred from COUNTY jurisdiction to the jurisdiction of CITY, hereinafter referred to as "Transferred Roads." All rights, title, interests, and responsibilities for the Transferred Roads, including, but not limited to, the ownership, operation, maintenance, planning, design, and construction of said public roads and the rights -of -way associated therewith, are deemed transferred from COUNTY's jurisdiction and ownership to the jurisdiction and ownership of CITY upon the effective date of the annexation. All storm sewers and associated stormwater outfalls serving roads that are transferred to CITY as part of the annexation shall be owned and maintained by the CITY. All outstanding Engineering Division permits concerning right-of-way shall be inspected and finalized by COUNTY. Bonds held by COUNTY for outstanding Engineering Division permits will be maintained by COUNTY until successful completion of the one-year warranty maintenance period. Any work in the right-of-way of a Transferred Road submitted for permit after the effective date of this agreement shall be issued, inspected, and finalized by CITY. 5. Street Maintenance — COUNTY agrees to continue to maintain the Transferred Roads as described in Section 4 until October 1, 2010. CITY hereby acknowledges that CITY will assume responsibility for maintenance of the Transferred Roads as described in Section 4 above beginning October 1, 2010. 6. Planning and Development Review -- CITY shall be responsible for the review of all plats within the annexed area which have not been approved by the Broward County Board of County Commissioners upon the effective date of the annexation. All plats approved by the Broward County Board of County Commissioners prior to the effective date of the annexation shall be entitled to be recorded as if such a plat was still subject to review by COUNTY. CITY shall be responsible for neighborhood planning as of the effective date of this Agreement. CITY shall be responsible for the review of all final site plan applications which have not received a development order from COUNTY prior to the effective date of this Agreement. The Future Unincorporated Land Use Element of the Broward County Comprehensive Plan shall remain in effect until CITY adopts an ordinance changing such land use designation by a majority plus one of the full governing body of CITY. Upon annexation, CITY shall be responsible for implementation and administration of the Future Unincorporated Land Use Element of the Broward County Comprehensive Plan within the annexed area. All applications for rezoning shall continue to be processed by COUNTY until the annexation becomes effective. 14 7. Allocation of Revenues — CITY shall initiate and coordinate with COUNTY the notification and filing process to ensure that all Municipal, COUNTY and State revenue sources listed below are transitioned to CITY on October 1, 2010. COUNTY shall make provisions for per capita revenue sharing payments to CITY on behalf of the annexed area until that point in time at which all State of Florida, COUNTY and Municipal revenue sharing sources based on population formulas recognize the population of the annexed area as part of the City of Tamarac and that recognition is reflected in CITY's annual share of State revenues. • Communication Services Taxes • State Revenue Sharing • Gas Taxes (includes three interlocal agreements for local option gas tax) • Half Cent Sales Tax 8. Transfer of Records --- All records will be transferred to CITY commencing September 15, 2010 and proceed continuously until all records in the annexation area are transferred to CITY based on a mutually agreed upon schedule. By October 1, 2010, the COUNTY will provide the CITY with a record of all outstanding code enforcement matters related to properties located within the annexation area. 9. Garbage Collection - COUNTY shall provide waste collection and recycling services to properties covered by the County's Mandatory Collection program through September 30, 2010. COUNTY shall accrue all garbage collection residential and commercial franchise fees and other applicable revenues for services through September 30, 2010. 10.55th Court Drainage Project - COUNTY will correct paving and drainage defects in materials and workmanship for work performed by COUNTY as part of the 55th Court Drainage Project until September, 30, 2011. Additionally, the COUNTY will provide to the CITY all approved plans for the drainage improvements in a timely manner. 15 EXHIBIT B CHAPTER 2010-256 LAWS OF FLORIDA Committee Substitute for House Bill No. 1129 An act relating to City of Tamarac, Broward County; extending and enlarging the corporate limits of the City of Tamarac to include specified unincorporated lands within such corporate limits; providing for an effective date of annexation; providing for an interlocal agreement; providing for land use and zoning governance; providing legislative findings; providing requirements for the levying of fire rescue special assessments; providing for an assessment methodology review and report on the fire rescue special assessment; prohibiting the charging of certain impact fees; providing applicability to existing contracts; providing for transfer of public roads and rights -of -way; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. The following described lands shall be annexed into and a part of the City of Tamarac effective September 15, 2010: Prospect Field Road/West Commercial Boulevard Annexation Boundary is described as follows: A portion of Section 17, Township 49 South, Range 42 East, Broward County, Florida, more particularly described as follows: BEGIN at the point of intersection of the North line of the Southeast One -Quarter (SE 1/4) of the Northeast One-Quarter(NE 1/4) of said Section 17 with the East line of the West One -Half (W 1/2) of the Southeast One -Quarter (SE 1/4) of the Northeast One -Quarter (NE 1/4) of said Section 17, said point being on the municipal boundary of the City of Tamarac, as established by Ordinance No. 0-81-17 of the City of Tamarac; Thence along said municipal boundary the following 3 courses; Thence Westerly, along said North line, to a point 50.00 feet East of the West line of the Southeast One -Quarter (SE 1/4) of the Northeast One -Quarter (NE 1/4) of said Section 17; Thence Southerly, along a line 50.00 feet East of and parallel with the West line of the Southeast One -Quarter (SE 1/4) of the Northeast One -Quarter (NE 1/4) of said section 17, said line being the East right of way line of Prospect Field Road, to a point of intersection with the South line of the North One -Half (N 1/2) of the Northwest One -Quarter (NW 1/4) of the Southeast One -Quarter (SE 1/4) of the Northeast One -Quarter (NE 1/4) of said Section 17; Thence Easterly, along said South line, to the Southeast corner of the North One -Half (N 1/2) of the Northwest One - Quarter (NW 1/4) of the Southeast One -Quarter (SE 1/4) of the Northeast One -Quarter (NE 1/4) of said Section 17, said point being on the municipal boundary of the City of Fort Lauderdale, as established by Chapter 71-640, Laws of Florida; Thence Northerly, along the East line of the Northwest One -Quarter (NW 1/4) of the Southeast One - Quarter (SE 1/4) of the Northeast One -Quarter (NE 1/4) of said Section 17, 16 and along said municipal boundary to the POINT OF BEGINNING. Prospect Field Road/N.W. 31 st Avenue Annexation Boundary is described as follows: A portion of Sections 8 and 17, Township 49 South, Range 42 East, Broward County, Florida, described as follows: BEGIN at the point of intersection of the North right of way line of Prospect Field Road with a line 264 feet East of and parallel with the West line of said Section 8, said point being on the municipal boundary of the City of Fort Lauderdale, as established by Chapter 71-640, Laws of Florida; Thence along said municipal boundary the following 3 courses; Thence Easterly, along said North right of way line, to the North line of said Section 17; Thence Easterly, along said North line of Section 17, to the West line of Lot 11 of, LITTLE FARMS, according to the plat thereof, as recorded in Plat Book 27, Page 29 of the Public Records of Broward County, Florida; Thence Southerly, along said West line and the Southerly prolongation thereof, to the centerline of Orange Street as shown on said plat of, LITTLE FARMS, said point being on the municipal boundary of the City of Fort Lauderdale, as established by Ordinance No. C-87-10 of the City of Fort Lauderdale; Thence Southerly, along the West line of Lot 30 of said plat and the Northerly prolongation thereof and said municipal boundary, to a point on the South line of the Northwest One -Quarter (NW 1/4) of the Northwest One - Quarter (NW 1/4) of the Northeast One -Quarter (NE 1/4) of said Section 17, said point being on the municipal boundary of the City of Tamarac, as established by Ordinance No. 0-81-17 of the City of Tamarac. Thence along said municipal boundary of the City of Tamarac the following 3 courses; Thence Westerly, along said South line, to the Southwest corner of the Northeast One -Quarter (NE 1/4) of the Northeast One -Quarter (NE 1/4) of the Northwest One -Quarter (NW 1/4) of said Section 17; Thence Southerly to the Southeast corner of the Southwest One -Quarter (SW1/4) of the Northeast One -Quarter (NE 1/4) of the Northwest One -Quarter (NW 1/4) of said Section 17; Thence Westerly to the Southwest corner of the Southwest One -Quarter (SW1/4) of the Northeast One -Quarter (NE 1/4) of the Northwest One -Quarter (NW 1/4) of said Section 17, said point being on the municipal boundary of the City of Fort Lauderdale, as established by Ordinance No. C-72-22 of the City of Fort Lauderdale; Thence along said municipal boundary the following 4 courses; Thence Westerly, along the South line of the Northwest One -Quarter (NW 1/4) of the Northwest One -Quarter (NW 1/4) of said Section 17, to the West line of said Section 17; Thence Northerly, along said West line, to the South line of the West 264 feet of the North One -Half (N 1 /2) of the North One - Half (N 112) of the Northwest One -Quarter (NW 1/4) of the Northwest One - Quarter (NW 1/4) of said Section 17; Thence Easterly, along said South line, to the Southeast corner thereof; Thence Northerly, along the East line thereof, to the POINT OF BEGINNING. Section 2. An interlocal agreement shall be developed between the 17 governing bodies of Broward County and the City of Tamarac and executed Ch. 2010-256 LAWS OF FLORIDA Ch. 2010-256 2 prior to the effective date of the annexation as specified in section 1. The agreement shall address infrastructure improvement projects and include a financially feasible plan for transitioning county services, buildings, infrastructure, waterways, and employees. Section 3. Upon annexation into the municipality, the areas described in section 1 shall be governed by the zoning regulations of Broward County as amended through March 1, 2010, which shall apply to all areas described in section 1, which is Zone M-3 Heavy Manufacturing. In applying the adopted provisions of the Broward County Zoning Code, each reference to a commission, board, or employee of Broward County shall be construed to refer to its nearest counterpart in the City of Tamarac. The Broward County Zoning Code shall be interpreted and applied to the maximum extent possible. The city may codify the applicable Broward County zoning regulations in effect as of March 1, 2010, into the city's own zoning regulations, provided that such codification is done without any changes other than chapter and section numbers or references to any applicable city commission, board, or employee. Any change of zoning districts or land use designations may be accomplished only by enactment of the vote of the majority of the full governing body of the municipality plus one. Any use, building, or structure that is legally in existence at the time of annexation within the area described in section 1 shall not be made a prohibited use by the City of Tamarac. Section 4. The Legislature finds that it is fair and reasonable to provide for a partial exemption from any fire rescue special assessment levied by the City of Tamarac to all parcels within the area described in section 1 in order that the amounts collected from these parcels are equal to the amounts that were collected from these parcels by Broward County for the provision of fire rescue services before annexation. The area described in section 1 includes a zoning category and uses that are materially different from those currently existing within the city and that may not be addressed in the city's current fire rescue special assessment methodology. These new uses will provide economic diversity and opportunities to the city that presently do not exist. Moreover, the annexation of these parcels into the city will provide economic benefits not otherwise available to the city, including, without limitation, increased ad valorem tax revenue paid directly by the annexed parcels, which will fund and enhance other city services provided citywide which, if not for the enhanced revenues received from the annexed parcels, would have to be funded through existing revenues. The exemption shall be equal to the amount of the special assessment levied by the City of Tamarac on the parcels within the area described in section 1 in excess of the amount that would have been charged the same parcels by Broward County through its fire assessment had the area described in section 1 remained an unincorporated area of Broward County. This partial exemption shall remain in place, notwithstanding any other statute or ordinance regarding non -ad valorem assessments. If Broward County discontinues its fire rescue special 18 assessment, the exemption shall remain in place using the amount collected by the City of Fort Lauderdale had the area been part of Fort Lauderdale, Ch. 2010-256 LAWS OF FLORIDA Ch. 2010-256 3 and if both Broward County and Fort Lauderdale cease to levy fire rescue special assessments, the assessment levied by the City of Tamarac shall then be collected from the parcels within the area described in section 1. Any shortfall in revenues by the city as a result of this exemption shall be funded by any available funding sources other than the fire rescue special assessment. The city shall complete an assessment methodology review and report for its fire rescue special assessment, to include an analysis of the parcels within the area described in section 1, within 1 year after the effective date of the annexation. Section 5. The City of Tamarac may not charge any impact fees to any parcel within the area described in section 1 for any uses or development existing as of the effective date of the annexation that under the city's ordinances would have been due to the city for the existing uses had they been developed under the city's code. Development and uses that commence on or after the effective date of the annexation shall be subject to the city's impact fees. Section 6. Nothing in this act may be construed to affect or abrogate the rights of parties to any contracts, whether they be between Broward County and a third party or between nongovernmental entities, which contracts are in effect prior to the effective date of the annexation. Section 7. All public roads, and the public rights -of -way associated therewith, in the Broward County Road System, lying within the limits of the lands subject to annexation in this act as described in Section 1, are transferred from the jurisdiction of Broward County to the jurisdiction of the City of Tamarac on the effective date of the annexation. All rights, title, interests, and responsibilities for any transferred roads, including, but not limited to, the ownership, operation, maintenance, planning, design, and construction of such roads and the rights -of -way associated therewith, shall transfer from the jurisdiction and ownership of Broward County to the jurisdiction and ownership of the City of Tamarac on the effective date of the annexation. Section 8. This act shall take effect upon becoming a law. Approved by the Governor May 28, 2010. Filed in Office Secretary of State May 28, 2010. 19 FLORIDA MUNICIPAL INSURANCE TRUST AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE DECLARATIONS I. DESIGNATED MEMBER: Agreement No.: FMIT #0584 City of Tamarac II. GOVERNMENT DESCRIPTION Municipality III. COVERAGE PERIOD From 10/01/2009 to 10/01/2010 12:01 A.M. Standard Time at the address of the Designated Member IV. AUTOMOBILE 1. Automobile Liability Number of Vehicles 2. Uninsured Motorists Protection 3. Personal Injury Protection 4. Automobile Medical Payments 5. Automobile Physical Damage Premium Deductible/ Net Basis Type Limit Premium Per Schedule $25,000 DSL $2,000,000 $91,139 247 N/A N/A $10,000 Included N/A N/A Per Schedule Per Schedule N/A $15,749 V. This Agreement includes these endorsements and schedules: See Schedule B VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Incentive Net Premium Credit Premium $116,796 $(9,908) $106,888 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMIT AUTO DEC 1009 Page 1 of 2 RISK MANAGEMENT DIVISION 115 S. Andrews Avenue, Room 210 • Fort Lauderdale, Florida 33301-1869 • 954-357-7200 • FAX 954-357-6545 Workers' Compensation: FAX 954-357-7176 - Liability: FAX 954-357-7187 September 8, 2010 To Whom It May Concern Please be advised that this is to certify that the Broward County Office of Management and Budget is covered through Broward County Board of County Commissioners' property program insured by FM Global (Factory Mutual Insurance Company). The effective policy period is from February 1, 2010 through February 1, 2011 and the policy number is JD112. Broward County Office of Management and Budget operates as an office of Broward County Board of County Commissioners and is insured in the County's self-insurance program. This will further certify that pursuant to Statute 627.7264, Broward County Board of County Commissioners is fully self insured and self administered for Auto, General Liability, and Workers' Compensation coverage and does not separately purchase a commercial policy. In accordance with Florida Statute 768.28 since May 10, 1977, Broward County is protected to the extent of statutory limits of $100,000/$200,000 and we do not waive sovereign immunity. The Workers' Compensation program operates in compliance with and under the auspices of Chapter 440 of Florida Statutes. Should you have any questions regarding this correspondence, please contact me at (954)- 357-7232. Very truly yours, Danielle W. French Interim Director Risk Management Division Broward County Board of County Commissioners Sue Gunzburger • Kristin D. Jacobs • Albert C. Jones #-Ken x6i od b klene Lieberman • Stacy Ritter • John E. Rodstrom, Jr. - Lois Wexler r�d o R FLORIDA MUNICIPAL INSURANCE TRUST GENERAL/PROFESSIONAL LIABILITY COVERAGE AGREEMENT DECLARATIONS 1. DESIGNATED MEMBER Agreement No.: FMIT #0584 City of Tamarac II, GOVERNMENT DESCRIPTION Municipality III. COVERAGE PERIOD From October 1, 2009 to October 1, 2010 12:01 A.M. Standard Time at the address of the Designated Member. IV. General/Professional Liability Payroll 1. General Liability a. Broad Form Property Damage b. Extra Contractual Legal Expense c. Fire Legal Liability d. Medical Attendants'/Medical Directors' Malpractice Liability 2. Errors and Omissions Liability a. Employment Practices Liability b. Employee Benefits Program Administration Liability Premium Net Rasia Deductible/Type Limit Prcmhjm $25,000 DSL $2,000,000 $249,170 22, 731,521 $25,000 DSL Per Form Included N/A $25,000 Included $25,000 DSL $250,000 Included $25,000 DSL $2,000,000 Included $25,000 DSL $2,000,000 Included $25,000 DSL $2,000,000 Included $25,000 DSL $2,000,000 Included V. This agreement includes these endorsements and schedules: See Schedule A VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Incentive Net Premium Credit Premium $344,590 $(95,420) $249,170 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMIT GL DEC 1009 Page 1 of 2 FMIT GENERALIPROFESSIONAL LIABILITY COVERAGES October 1, 2008 -October 1, 2010 Schedule Coverage Forms List FMIT #0584 Schedule A Form # Description General Liability Common FMIT TRAG 1008 Trust Agreement FMIT CA 1008 Coverage Agreement FMIT DSL 1007 Deductible StopLoss Endorsement General Liability FMIT BFPD 1007 Broad Farm Property Damage Endorsement FMIT ECLE 1009 Extra Contractual Legal Expense Endorsement FMIT FLL 1007 Fire Legal Liability Endorsement FMIT MA 1007 Medical Attendants' / Medical Directors' Malpractice Liability Endorsement FMIT EO 1009 Errors and Omissions Liability Endorsement FMIT SE GL 1007 Specific Excess Endorsement - General Liability FMIT GL DEC 1009 Page 2 of 2 FLORIDA LEAGUE OF CITIES SPONSORED INSURANCE PROGRAMS DECLARATIONS I. DESIGNATED MEMBER: City of Tamarac Address: 7525 NW 88th Avenue Tamarac, FL 33321-2401 II, COVERAGE PERIOD From October 1, 2009 to October 1, 2010 12:01 A.M. Standard Time at the address of the Designated Member. III.AGREEMENT NUMBER Florida Municipal Insurance Trust (FMIT) IV. COVERAGES INCLUDED General Liability Automobile Property Workers' Compensation V. ESTIMATED ANNUAL PREMIUM Normal Expense Premium Constant $ 1,245,754.00 200.00 Signature of Authorized Representative FMIT #0584 r s Approved: Risk Ma Divi ton Per, exande ��/��,7 Special Projects Coordinator III Incentive Credit $(228,673.00) Net Premium $ 1,017,281,00 August 31, 2009 Date